South Carolina Animal Cruelty: An Overview
In South Carolina, the laws regarding animal cruelty are designed to protect animals from abuse and neglect while also providing penalties for those found guilty of causing such harm. The current framework of animal cruelty laws in South Carolina seeks to balance the welfare of animals with the legal rights of their owners. The purpose of these laws is not only to prevent harm to animals but also to maintain public safety and enforce humane treatment. The scope of animal cruelty laws in South Carolina has expanded over the past decade, from a limited focus primarily on dog fights and instances of abuse to a more comprehensive set of regulations governing the treatment of all types of domestic and farm animals. The laws protect animals from causing physical or psychological harm, including from people, the elements, and even purposeful self-harm in the absence of proper care. They stipulate that individuals who own, keep, or domesticate animals have a duty to treat them humanely, which includes not providing adequate socialization and exercise . The law in South Carolina criminalizes different forms of cruelty towards animals, including willful abandonment, unreasonable confinement, neglect, and malicious injury. It defines animals broadly, encompassing any mammal, bird, reptile, amphibian, or fish that is owned by or in the care of a person. The statute underlying animal cruelty in South Carolina is flexible in its application; for example, killing an animal that is dangerous does not qualify as animal cruelty – however, this requires reporting the incident within certain time frames and following specific procedures. In summary, animal cruelty laws in South Carolina aim to safeguard the well-being of all animals and outline the duties required of their human counterparts. They also delineate the potential criminal consequences for anyone who violates these duties. Through specific definitions and legal parameters, the statutes provide sufficient but not exhaustive treatment of the subject matter, allowing for interpretation and judicial consideration.
Penalties for Animal Cruelty Crimes
Violations of South Carolina animal cruelty laws can result in some pretty tough penalties. The law is set up this way to discourage people from engaging in acts of animal cruelty in the first place and to get offenders motivated to not abuse animals anymore.
The good news is South Carolina values the prevention of animal cruelty over punishment after the fact. That’s why the law encourages enforcement agencies to help offenders find a better way to deal with their issues than abusing and neglecting animals.
On the flip side, when offenses are egregious or when offenders have no interest in changing their behavior, the penalties can be steep – even including felony charges for certain types of offenders. Here’s a brief overview of S.C. animal cruelty laws to help you understand the consequences of violations:
- Misdemeanor (Level 1) violations result in a fine of up to $500 or imprisonment of no more than 30 days, or both. This is true for the following misdemeanors:
- Killing or injuring an animal without legal privilege or consent.
- Killing or injuring an animal owned by another person for amusement or profit. (Violations involving livestock result in a fine of $200 per animal or imprisonment for 60 days.)
- Selling an animal as a pet to a minor or by deceptive means.
- Fighting animals or allowing them to do so.
- Leaving someone in control of an animal knowing he/she will employ animal fighting.
- Misdemeanor (Level 2) violations include the following, which carry fines of up to $1,000 or imprisonment for no more than 2 years, or both. (Violations involving livestock result in a fine of $500 per animal or imprisonment for 60 days.):
- Killing an animal by injury or poisoning.
- Killing livestock or a dog that attacks cattle or livestock.
- Organizing or promoting animal fighting.
- Felony violations include the following, which carry fines of up to $5,000 or imprisonment of no more than 5 years, or both.
- Killing or injuring an animal under the influence of alcohol or drugs – including any combination of the two.
- Killing or injuring an animal valued at $2,500 or more.
- Killing or injuring an animal that causes someone else to be injured.
- Felony violations carry fines of up to $10,000 or imprisonment for no more than 5 years, or both. (The law favors rehabilitation over no rehabilitation, so the offender may get credit for up to 6 months of his/her sentence if they complete an appropriate rehabilitation program.):
- Killing or injuring an animal for amusement or pleasure or by maliciously or wantonly torturing it (this includes any dog under command of a person who attacks livestock or a horse or dog used in legitimate activities).
- Violations involve dogs who respond to pain or express fear by growling or biting or by seeming to bite. These violations carry fines of up to $2,000 or imprisonment for no more than 60 days – or both.
Equine fetal fluid from horses is banned as a dog fighting substance. The use of this substance carries a fine of up to $10,000 or imprisonment for 2 years – or both.
Again, the goal of these penalties is to encourage offenders to rehabilitate themselves into people who don’t harm animals. Since many judges have the option of simply giving offenders credit for time served, it’s possible for convictions to end up having little impact on the perpetrator. It’s also important to remember that people who commit animal cruelty are statistically more likely to commit acts of violence against humans – 51 percent of animal abusers have a history of violence against humans.
Leaving animals with people who lack compassion for them isn’t in their best interests. Those people are less likely to help them in matters of health and safety – and more likely to abuse them. So it’s good that animal laws place the emphasis on prevention rather than punishment after the fact.
Changes and New Developments in the Animal Cruelty Laws
Recently, the SC General Assembly has again stepped back from enforcing true and effective penalties for offenders that abuse and mistreat dogs and other animals. Some volunteer groups appear to have had better luck than the Legislature. For example, long overdue amendments to section 47-1-90 were made in order to allow volunteers to legally place abandoned animals in a shelter or rescue (as authorized in section 47-19-20). Instead, the General Assembly proposed and passed S. 721 (Act No. 59), which has not even been sent for the Governor’s approval. In expediting this bill through the legislative process, many groups that work with animals were not even given the opportunity to submit requests for amendments to the Bill. As of this date, the animal shelter bill has still nor been approved by the Governor. This is not good for the offices of animal control and the volunteers and groups that assist them. You may be interested to know that, for puppies and kittens under the age of 12 weeks, the law did not require rabies vaccinations. This change was positive and necessary due to recent studies demonstrating that rabies vaccinations in pets less than 34 weeks of age cause more adverse reactions than in adult pets. The bad news is the rabies vaccination laws for dogs and cats were not even amended this year, so no change has come from the recent bill update. This is a perfect example of how animals are NOT the priority for the General Assembly. The SC Department of Agriculture was recently granted $1,000,000 in state funding to construct the SC Animal Shelter. Once the shelter is built, a non-profit will be created to operate and maintain the center with open access to all counties in the State. The nonprofit will also be responsible for determining the intake quotas and distribution rate amongst the licensed shelters. It is anticipated the shelter will house 30 dogs, 12 cats, and up to 100 large farm animals along with open spaces and classrooms for public education. The purpose of the much needed building is to have a shelter that will reduce the number of animals destroyed at local shelters. Governor Henry McMaster signed the bill into law which states that the shelter is to open no later than 18 months after the bill becomes law. This is not a long time for the animals that will benefit from what they will deem a "lifesaver", but it is not enough time for this endeavor. It is essential that this shelter is operational and ready to accept animals as a soon as possible. There is always something out there for the States to spend their funds on, making it difficult to secure limited funds when it comes to animal shelters.
Common Types of Animal Cruelty and the Legal Ramifications
Following are five of the most common types of animal cruelty we see in South Carolina and the range of consequences prescribed by law for each of those offenses.
Neglect
Neglect refers to a failure to provide the necessary care for an animal’s health, such as adequate food, water, shelter, veterinary care, or any other provision required for sustenance and wellbeing. This includes situations where an animal is clearly abandoned by its owner. The legal consequences of animal neglect depend on the situation and on whether the animal is a dog or cat. In summary, neglect of a dog is a misdemeanor, and when the neglect causes physical harm or suffering to the animal, it is a felony offense. Neglect of a cat is punishable by fines and/or imprisonment.
Abandonment
Abandonment is closely related to neglect. However, for legal purposes, abandonment means the intent of the current owner to no longer be responsible for an animal that he/she has previously owned. Abandonment is typically considered a misdemeanor offense. The law imposes an affirmative duty on any person who finds an abandoned animal to report the abandonment to local law enforcement or to Animal Control in their county necessary for the law enforcement agency to promptly investigate the matter.
Shooting, poisoning, drowning
Intentionally killing an animal or causing an animal’s death that results from cruel or unnecessary treatment, such as shooting, poisoning or drowning. The legal consequences for shooting an animal vary depending on the situation. For example, a landowner or tenant has the right to kill an animal if that animal is obtruding on his/her property and is causing "unreasonable injury to any real or personal estate" or is "doing injury to any fruit trees, vegetables, goods or property." On the other hand , lifting and tossing a cat so that it falls to the ground from a substantial distance is a felony offense. Felony offenses carry a maximum penalty of $5000 in fines and/or no more than five years in prison.
Cockfighting
Cockfighting, or instigating a cockfight between two or more birds, and betting on the outcome of those fights. In addition, all animals that are found in a public area where illegal cockfighting is occurring may be seized by Animal Control. While most animal lovers would agree that cockfighting should be banned, there are mixed opinions about whether the punishment is too harsh. The law calls for a fine ranging from $500 to $5000 and/or up to five years in prison for the first offense. People who own birds for purposes other than breeding and fighting, meanwhile, are permitted to apply for a "general license for possession of birds." That will allow ‘normal’ owners to maintain possession of their birds, provided that they also have in place "means to prevent … and detecting … [illicit] activities by others."
Hunting without a license
There are many animals that can legally be hunted in South Carolina. Some of them are big (deer, wild turkey, elk) and some of them are small (doves, rabbits, squirrels). All of them, however must be hunted with the appropriate license in order to avoid penalty. The mandatory minimum penalty for harvesting any of these creatures without the proper license is a $100 fine. Those penalties increase based on the number of violations a person has received: In addition to the fines listed above, a conviction for hunting without a license will result in a $750 license-reinstatement fee. (A ‘license reinstatement fee’ is a fee that is collected by the Department of Natural Resources, South Carolina’s governing body for wildlife. Those funds are then used to finance extra enforcement and recovery initiatives.)
Reporting Animal Cruelty and the Legal Process
While animal welfare organizations often follow up on animal cruelty complaints, it is important to remember that the responsibility for investigating animal cruelty offenses rests with local law enforcement agencies. Most law enforcement agencies have officers with specialized training or experience in handling animal cruelty cases. For example, many officers are trained in the Humane Investigations Certificate Program, which is offered by one of the authors through the Animal Legal Defense Fund and the National Animal Control Association. The general process for reporting animal cruelty to law enforcement officials is similar to the process for reporting any other crime. In an emergency situation (i.e. a situation in which a person, animal or property is at risk of immediate serious injury or death), call 911. In some areas it may be more appropriate to call a local animal control office or sheriff’s department. In either case, it is very important to provide precise information about the location and nature of the incident when making the report. The dispatcher may also ask for your name and contact information. Be prepared to answer just a few questions about the incident, but keep your answers concise, and refrain from debating the issue or becoming overly argumentative. The dispatcher is trained to handle emergency situations, and is unlikely to respond positively to threats, insults, or overly emotional arguments about a particular animal.
The dispatcher will pass the information you provided on to an officer, who will then assess the situation and determine whether an investigation is warranted. If an officer chooses to investigate the situation, he or she will contact the property owner or animal owner, visit the scene of the incident, and assess the health and wellbeing of each animal alleged to be involved in the offense.
If there is evidence of an animal cruelty offense, the legal process ultimately ends in one of three scenarios: if the offense constitutes a serious misdemeanor or felony, the case will be reported to a local prosecutor; if the offense is a minor violation, the officer will often issue a verbal warning; and if the animal owner is in need of assistance, the officer will often make a referral to an animal welfare agency or other service organization. An animal cruelty investigation is similar to other types of investigations in that law enforcement officers will take steps to minimize further damage and maintain the integrity of any evidence found at the scene of the incident.
Preventative and Support Programs
Animal cruelty is not only legally punishable in South Carolina – there are also numerous state and community initiatives designed to help prevent animal cruelty before it ever occurs. The primary mission of these organizations is animal welfare, and their efforts range from the provision of education regarding appropriate animal care to the establishment of an efficient reporting system for suspected animal abuse cases. By working in collaboration with one another, they seek to ensure that South Carolina’s animals are protected, nurtured, and living in safe, healthy environments. Beyond animal cruelty laws, there are numerous support initiatives throughout the state. The South Carolina Animal Care & Control Association (SCACCA) is an organization comprised of representatives from all South Carolina counties that serve to advocate for improved animal welfare conditions. Additionally , the South Carolina State Animal Response Coalition was developed to act as an important resource for local and state government agencies that respond to the emotional and physical needs of animals in times of disaster and emergency. Community groups like the Animal Mission Group, which provides volunteer support for Charleston area shelter animals, and the Carolina Animal Rescue & Adoption Effort (CARAE), which provides foster homes, veterinary care, food, and supplies for rescued cats until they can be adopted, also work tirelessly to benefit local animals. In short, there are a significant number of individuals and groups in South Carolina dedicated to the prevention and eradication of animal cruelty. By addressing the root of the problem in a multifaceted approach – through both legislation and community intervention – these groups strategically work to make our state a more compassionate place for its animals.